House File 220 - Introduced HOUSE FILE 220 BY R. OLSON A BILL FOR An Act relating to the assessment of court costs and 1 administrative fees upon dismissal of a citation for driving 2 without proof of financial liability coverage. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1633YH (3) 85 dea/nh

H.F. 220 Section 1. Section 321.20B, subsection 4, paragraph b, 1 subparagraph (1), subparagraph divisions (a) and (b), Code 2 2013, are amended to read as follows: 3 (a) If the person was cited pursuant to paragraph “a” , 4 subparagraph (3), the owner or driver shall provide a copy of 5 the receipt to the county treasurer of the county in which the 6 motor vehicle is registered , and the owner shall be assessed a 7 fifteen dollar administrative fee by the county treasurer who 8 shall issue new license plates and registration to the person 9 after payment of the fee . 10 (b) If the person was cited pursuant to paragraph “a” , 11 subparagraph (4), the owner or driver, after the owner 12 provides proof of financial liability coverage to the clerk 13 of court, may claim the motor vehicle after such person pays 14 any applicable fine and the costs of towing and storage for 15 the motor vehicle , and the . The owner or driver provides 16 shall provide a copy of the receipt and the owner pays to the 17 county treasurer of the county in which the motor vehicle is 18 registered a fifteen dollar administrative fee , and the county 19 treasurer shall issue new license plates and registration to 20 the person. 21 Sec. 2. Section 321.20B, subsection 4, paragraph c, Code 22 2013, is amended to read as follows: 23 c. An owner or driver cited for a violation of subsection 24 1 , who produces to the clerk of court prior to the date of the 25 person’s court appearance as indicated on the citation proof 26 that financial liability coverage was in effect for the motor 27 vehicle at the time the person was stopped and cited, shall 28 not be convicted of such violation and the citation issued 29 shall be dismissed by the court. Upon dismissal, the court or 30 clerk of court shall assess the costs of the action against the 31 defendant named on the citation. 32 Sec. 3. Section 321.20B, subsection 5, paragraph b, Code 33 2013, is amended to read as follows: 34 b. Issue a citation. An owner or driver who produces 35 -1- LSB 1633YH (3) 85 dea/nh 1/ 3

H.F. 220 to the clerk of court prior to the date of the person’s 1 court appearance as indicated on the citation proof that the 2 financial liability coverage was in effect for the motor 3 vehicle at the time the person was stopped and cited, or if 4 the driver is not the owner of the motor vehicle, proof that 5 liability coverage was in effect for the driver with respect 6 to the motor vehicle being driven at the time the driver was 7 stopped and cited in the same manner as if the motor vehicle 8 were owned by the driver, shall be given a receipt indicating 9 that proof was provided, and the citation issued shall be 10 dismissed by the court. Upon dismissal, the court or clerk 11 of court shall assess the costs of the action against the 12 defendant named on the citation. 13 EXPLANATION 14 Under current law, when a peace officer stops a motor 15 vehicle and the driver is unable to provide proof of financial 16 liability coverage for the vehicle, the peace officer 17 may issue a warning or a citation to the driver; issue a 18 citation and remove the motor vehicle’s license plates and 19 registration receipt; or issue a citation, remove the plates 20 and registration receipt, and impound the motor vehicle. If 21 the person receives a citation and then produces to the clerk 22 of court prior to the date of the person’s court appearance 23 proof that financial liability coverage was in effect for the 24 motor vehicle at the time the person was stopped and cited, the 25 court is required to dismiss the citation, but the costs of the 26 action are assessed against the defendant. In addition, if the 27 peace officer who issued the citation removed the vehicle’s 28 license plates and registration receipt or ordered the vehicle 29 impounded, the owner of the vehicle is required to pay a 30 $15 administrative fee to the county treasurer to obtain new 31 license plates and registration. If the vehicle was impounded, 32 the cost of towing and storage must also be paid. This bill 33 strikes the requirement that court costs be assessed against a 34 defendant whose citation is dismissed and the requirement that 35 -2- LSB 1633YH (3) 85 dea/nh 2/ 3

H.F. 220 the owner pay an administrative fee for the issuance of new 1 license plates and registration if the citation is dismissed. 2 -3- LSB 1633YH (3) 85 dea/nh 3/ 3